- 1 - HC-KAR NC: 2025:KHC-D:18613 WP No. 109786 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109786 OF 2025 (CS-RES) BETWEEN: MAHADEV S/O. SIDARAY SHEGUNSHI, AGE: YEARS, OCC: AGRICULTURE, CHIEF PROMOTER, PROPOSED SHRI SHIVALINGESHWAR PRATHAMIK KRUSHI PATINA SAHAKARA SANGH NIYAMIT, SAVALAGI, TALUK. JAMKHANDI, DIST. BAGALKOT-587302. …PETITIONER (BY MISS. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, JAMKHANDI, JAMKHANDI SUB-DIVISION, JAMKHANDI, TALUK. JAMKHANDI, DIST. BAGALKOT-587302. …RESPONDENTS (BY SMT. NANDINI SOMAPUR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18613 WP No. 109786 of 2025 IMPUGNED ORDER DATED 09/12/2025 IN NO.AR-8/RSR/ RGN/ CR-38/ 2025-26/1230 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-B; TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO GRANT PERMISSION TO FLOATING OF SHARE AMOUNT FOR PRE-REGISTRATION OF THE SOCIETY IN THE NAME OF THE PROPOSED SHRI SHIVALINGESHWAR PRATHAMIK KRUSHI PATTIN SAHAKAR SANGH NIYAMIT SAVALAGI TQ. JAMKHNADI, DIST. JAMKHANDI BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Learned Government Advocate accepts notice on behalf of respondent Nos.1 and 2. 2. Learned Government Advocate does not dispute the said proposition and submits that the petitioner is the Chief Promoter of the proposed Co-operative Society under the name Sri Shivalingeshwar Prathamik Krushi Pattina Sahakara Sangh Niyamit, Savalagi. The proposal has been rejected on the - 3 - HC-KAR NC: 2025:KHC-D:18613 WP No. 109786 of 2025 premise that the proposed society would compete with the existing societies and may not be financially viable. 3. Learned counsel for the petitioner submits that, in terms of the judgments referred to in Annexure-E Series, the Court has held that an opportunity of hearing is required to be granted. 4. It is further submitted that the impugned order 09/12/2025 has been passed without issuing notice to the petitioner, without affording an opportunity of hearing, and without considering the petitioner’s contentions relating to the sustainability and viability of the proposed society. 5. In these circumstances, the impugned order is set aside and the matter is remitted to respondent No. 2 for fresh consideration. 6. Respondent No. 2 shall consider the petitioner’s claim relating to the viability of the proposed society and thereafter pass appropriate orders in accordance with law. 7. The petitioner shall appear before respondent No.2 on 05.01.2026 without awaiting any further notice. 8. Respondent No. 2 shall dispose of the matter within a period of 30 days from the date of such appearance. - 4 - HC-KAR NC: 2025:KHC-D:18613 WP No. 109786 of 2025 9. With the aforementioned observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AC LIST NO.: 1 SL NO.: 42